Registered with Property118.com
17th December 2019
Total Posts
0
Total Comments
35
Registered with Property118.com
17th December 2019
Total Posts
0
Total Comments
35
8th July 2022, 4 years ago
Small Claims court is the way forward. You have sustained losses, freeholder hasn't fulfilled his/its obligations. You can add an injunction to the claim for only £308 (if DIY). If you obtain judgement in your favour and the debt is...
Read More →19th April 2022, 4 years ago
Try this. Son surrenders lease to father. Consideration therefor a matter for them. You buy freehold unencumbered. I had a problem with buyer's solicitor once. I put my foot down and they caved in (eventually). If they don't agree, ask...
Read More →28th March 2022, 4 years ago
I don't see why not.
Read More →28th March 2022, 4 years ago
You don't have to wait. Notify the guarantor because the longer you leave it the harder it becomes to enforce the guarantee. You should check with the Land Registry that the guarantor owns their house. Ultimately a charge on that...
Read More →28th March 2022, 4 years ago
Why not extend the lease? Marriage value will be zero anyway. The law entitles to you to another 90 years at zero ground rent! Just a thought.
Read More →24th March 2022, 4 years ago
No. If the developer does not sell the flats they are freehold. They form part of the whole. So it IS possible to have a mix. Trust me - I owned one once!
Read More →24th March 2022, 4 years ago
Suresh, a developer is under no obligation to sell all the flats, nor indeed to create leases for those retained. That is perfectly proper. What isn't is for those flats to escape contribution to the service charge. As I said,...
Read More →23rd March 2022, 4 years ago
First you need facts. "It looks like they have never paid..." won't get you very far in court! You must find out how much they haven't paid. LTA 1985 s21 gives you the right to information about service charge costs....
Read More →8th March 2022, 4 years ago
If you don't have the copy you signed you won't have any joy with the Land Registry. Because this happened 15 years ago, I very much doubt you'll have any with the SRA either. Sorry I couldn't help
Read More →8th March 2022, 4 years ago
Who witnessed your signature on your copy?
Read More →8th March 2022, 4 years ago
Hi Lou Go to the official Land Registry website and download form OC2. Enter the details of your lease, post it to them with a cheque for £7. This will get an Official Copy of the registered lease. If you...
Read More →24th February 2022, 4 years ago
You can also apply to the FTT to vary the lease if it does not make satisfactory provision for the computation of service charges. Landlord & Tenant Act 1987 s.35(2).
Read More →8th February 2022, 4 years ago
Hi Helen Provided your rental agreement doesn't specify otherwise, one month's notice to increase the rent is sufficient. You cannot just write a letter to increase the rent, you must use "Form 4" (download it from government website). As Chris...
Read More →4th February 2022, 4 years ago
Hi Susan. First step is TO READ THE LEASE. Ground Rent is payable in arrears unless the lease says otherwise. Secondly debtor must be given a "reasonable time" to pay. There is no legal definition of that but it appears...
Read More →14th December 2021, 4 years ago
You need to establish several things: 1. What is causing the excess heat? 2. Is the present freeholder liable? 3. What does the lease say? If the answer to 2 is yes you can make a claim against the freeholder....
Read More →7th December 2021, 4 years ago
Hi Rita. I'm confident what I said was correct. If you google the subject, you fill find many posts by solicitors stating the same. Mike
Read More →7th December 2021, 4 years ago
The £50k is safe because your management company is the trustee for the beneficiaries (the leaseholders). It does not own the money. If you have no funds to pay compensation (should that be the case) the company is insolvent. What...
Read More →6th October 2021, 5 years ago
I repeat what I said before. My understanding is that it is only savings or investments which affect benefits. Your own home does not count. He would have zero equity at the outset because you as mortgagees would own it....
Read More →28th September 2021, 5 years ago
Purchase the property in your son's name (I assume you have LPA) where you are the mortgagees. A restriction on the Land Register prevents sale until you have been reimbursed 100% of the equity. This avoids trusts and higher rates...
Read More →16th September 2021, 5 years ago
As a guide, I suggest "The Survivor's guide to Buying a Freehold (Lawpack ISBN9781905261109) As previous posts have said, it's not straightforward. The latter book has relativity tables (to value lease extensions) and present value tables (to buy out ground...
Read More →Showing 20 of 35 comments